Tripolymer, Inc. v. FDI Enterprises, Inc. et al

Filing 35

ORDER Denying 34 Without Prejudice Motion to Dismiss First Amended Complaint. Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRIPOLYMER, INC.,
Plaintiff,
Civil Action No. 17-12236
v.
HONORABLE DENISE PAGE HOOD
FDI ENTERPRISES, INC., et al.,
Defendants.
______________________________/
ORDER DENYING WITHOUT PREJUDICE
MOTION TO DISMISS FIRST AMENDED COMPLAINT
Defendants C.P. Chemical, Inc., Walter Hasselman, Jr. and Clare Reinbergen
filed a Motion to Dismiss First Amended Complaint on November 14, 2017.
However, a Clerk’s Entry of Default pursuant to Rule 55(a) of the Rules of Civil
Procedure has been entered as to these three Defendants on November 1, 2017. (See
Doc. Nos. 26, 27, 28) Once an entry of default has been entered by the Clerk, the party
in default cannot answer or otherwise contest liability. See J&J Sports Prod., Inc. v.
Perr’s Publ, Inc., 2017 WL 4841467 at *3 (E.D. Mich. Oct. 26, 2017) (citing, VLM
Food Trading Int’l, Inc. v. Illinois Trading Co., 811 F.3d 247, 255 (7th Cir. 2016)).
These Defendants cannot now proceed to contest liability by filing the instant Motion
to Dismiss. The Clerk’s Entries of Default as to these three Defendants have not been
set aside. The Court must deny the Motion to Dismiss at this time.

Accordingly,
IT IS ORDERED that the Motion to Dismiss First Amended Complaint filed
by Defendants C.P. Chemical, Inc., Walter Hasselman, Jr. and Clare Reinbergen (Doc.
No. 34) is DENIED without prejudice. The motion may be refiled if the Clerk’s
Entries of Default as to these three Defendants are set aside.

S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: November 16, 2017
I hereby certify that a copy of the foregoing document was served upon counsel of
record on November 16, 2017, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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